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SCR.A/285/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 285 of 2011
=========================================
BISHANDAYAL
LALTAPRASAD SHARMA - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================
Appearance :
MR
VIRAL M PANDYA for
Applicant(s) : 1,
MR. KL PANDYA, APP for Respondent(s) : 1,
NOTICE
UNSERVED for Respondent(s) : 2 - 3.
MR SANJAY D SUTHAR for
Respondent(s) : 4 - 7.
MR SNEHAL J NAYAK for Respondent(s) : 4 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 26/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Mr. VM Pandya, learned advocate Mr. Snehal Nayak and
learned APP Mr. KL Pandya.
It
is indicated that the investigating agency has resorted to all
possible means to trace the corpus including publication of
photograph on Doordarshan and in newspaper. They have visited to
remote places where relatives of the corpus or the respondent are
residing, but in vain. Under the circumstances, we are satisfied
that the investigation is being carried out by the agency with due
diligence to trace the corpus. The failure to trace the corpus
cannot be attributed to lack of action on part of the investigating
agency. In our view, no fruitful purpose is going to be served by
keeping this matter alive. We therefore dispose of this petition
while directing the investigating agency to continue with the
investigation to trace the corpus in best possible manner. The
petition stands disposed of. Notice discharged.
(A.L.
DAVE, J.)
(BANKIM.N.MEHTA,
J.)
shekhar
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